General Terms and Conditions
Version 1.1 – Valid from July 10, 20241. Preamble
These General Terms and Conditions concern and govern the use of the Textshine proofreading software (hereinafter also referred to as “TEXTSHINE”). This is the AI-based software for proofreading purposes, whose developer, owner and operator is Kinesis Publishing GmbH, FN 607832x with its registered office in Vienna (“KINESIS”). KINESIS holds all rights to the TEXTSHINE software.
These General Terms and Conditions (“GTC”) apply insofar as no deviating written individual agreements have been made between KINESIS and the CUSTOMER.
These GTC apply to both entrepreneurs and consumers, unless expressly specified otherwise. These are referred to below as “CUSTOMER”, whereby the term includes all genders.
To use TEXTSHINE, the CUSTOMER creates a user account on www.textshine.com (the “WEBSITE”). They then upload a document to be checked in one of the accepted file formats on the WEBSITE to have it checked for errors by a completely automated proofreading program using AI. After uploading the document, TEXTSHINE creates an offer for carrying out the correction. If the CUSTOMER accepts the offer, a proofreading contract is concluded with KINESIS and TEXTSHINE creates change suggestions and transmits the proofreading result to the CUSTOMER. The CUSTOMER may also be enabled to purchase character packages to use TEXTSHINE.
2. User Account
To obtain the non-exclusive right to use TEXTSHINE, the CUSTOMER must first create a user account on the WEBSITE. For this purpose, the CUSTOMER must provide a valid email address at which they can receive in particular the results of the proofreading order (point 4) as well as other relevant communications from KINESIS.
Before or upon creation of the user account, the CUSTOMER agrees that these GTC apply to their use of TEXTSHINE. Only one user account may be created per person. An email address can be associated with a maximum of one user account. The CUSTOMER is not authorized to transfer the user account to another person.
The CUSTOMER is obliged to keep the data of their user account current and correct.
3. Character Credit
TEXTSHINE may offer various character packages on its WEBSITE in different scopes and prices for the use of TEXTSHINE. The customer can then acquire these character packages from KINESIS by selecting a corresponding character package for purchase and paying for it. Upon payment of such a character package, a contract is concluded between KINESIS and the CUSTOMER and a corresponding credit of characters is credited to the CUSTOMER’s user account.
The CUSTOMER can use the credit exclusively to use TEXTSHINE according to the above description (point 1). The CUSTOMER can view their current credit balance at any time on the WEBSITE.
Characters do not represent virtual currency and have no monetary value after purchase. Transfer of a character credit to other user accounts is excluded. KINESIS is not obliged to repurchase unused, erroneously acquired or unneeded credits. For the special right of withdrawal for consumers, see point 7.
The CUSTOMER is not permitted to offer credits to other persons for free or for payment.
KINESIS reserves the right to adjust its offer of character packages from time to time. The CUSTOMER can view the current offer of character packages at any time on the WEBSITE. A change in the offer has no influence on already acquired character packages or existing credit.
As part of customer service or marketing measures, a credit can be credited to the CUSTOMER’s user account. The provisions mentioned here apply to such credit.
4. Proofreading Order
After uploading a document by the CUSTOMER, TEXTSHINE automatically creates an offer for carrying out the correction of the specific document, based on the number of characters including spaces contained in the document. This involves a first data processing of the document and the information contained therein - necessary for creating the offer - without the document being stored at KINESIS. The offer represents the net price to be paid (plus statutory VAT).
KINESIS is bound by the offer for 30 minutes. After that, the CUSTOMER can obtain a new offer by uploading a document again.
The CUSTOMER can accept the offer by either using their existing credit of characters for processing within the acceptance period or purchasing additional character packages (see point 3) and using them or choosing character-accurate billing and paying immediately. If the credit is not sufficient for processing, it is also possible to use the remaining credit and character-accurate billing of the remaining amount.
By accepting the offer, the proofreading order is concluded with KINESIS, to which these GTC also apply.
The subject of the proofreading order is the generation of change suggestions by the TEXTSHINE proofreading software.
The TEXTSHINE proofreading is carried out automatically immediately after the order is placed. After placing the order and beginning the order execution, a withdrawal by the CUSTOMER is possible within consumer law limits regarding the services already provided (see below point 7).
The services of the TEXTSHINE proofreading software within the proofreading order include: Correction of German spelling, grammar and punctuation while predominantly maintaining the formatting. However, the CUSTOMER accepts that formatting may be lost due to processing.
The services of the TEXTSHINE proofreading software within the proofreading order do not include rewriting the text, changing the meaningfulness of the text or proofreading text in languages other than German. Formatting may be lost in places. For more information on how it works exactly, visit www.textshine.com.
To fulfill the proofreading order, TEXTSHINE performs edits to the original version of the uploaded document that are necessary for executing the TEXTSHINE proofreading software.
The result of the proofreading order is a newly created document with recommended changes according to the services described above (”proofreading result”).
After completion of processing by TEXTSHINE, the proofreading result is made available to the CUSTOMER by being sent to the CUSTOMER’s specified email address. The dispatch usually takes place within 15 minutes after conclusion of the proofreading contract. The CUSTOMER accepts that processing may take longer depending on the length of the text or in case of exceptional infrastructure load.
5. Warranty and Liability
KINESIS warrants to the CUSTOMER the provision of the services of the proofreading order in point 4.6 in accordance with the statutory provisions. The warranty extends exclusively and expressly only to the change suggestions generated by TEXTSHINE.
The CUSTOMER acknowledges that even after using the TEXTSHINE proofreading software, errors may still exist in the text.
TEXTSHINE creates the proofreading result as a document with change suggestions.
The change suggestions require further final processing by the CUSTOMER. It is the CUSTOMER’s responsibility to finally check these changes and either accept them or not accept them. KINESIS has no influence on this final processing by the CUSTOMER. Through the final processing, the CUSTOMER releases KINESIS from liability for damages arising from accepted or not accepted correction suggestions.
KINESIS assumes no liability for damages or consequential damages arising from changes, regardless of whether such changes are marked as change suggestions or not.
KINESIS is liable to the CUSTOMER for compensation of damages only in cases of intent or gross negligence. KINESIS is not liable for damage in cases of slight negligence or force majeure. In the case of personal injury, KINESIS is also liable in cases of slight negligence. Liability is limited to compensation for positive damages and limited to the value of the order. It does not extend to lost profits.
For the provision of its services and in particular the execution of proofreading orders, KINESIS is dependent on services and communication infrastructures of third parties. KINESIS assumes no liability for performance disruptions or damages caused or culpably caused by these services.
KINESIS has taken appropriate organizational and technical measures in accordance with the state of the art to ensure the availability, integrity, authenticity and confidentiality of the AI-based proofreading software, components and processes used in the provision of services to the CUSTOMER and all data provided or otherwise made accessible by the CUSTOMER. Documents transmitted by the CUSTOMER are transmitted in encrypted form, processed exclusively for the purpose of fulfilling the proofreading order and irrevocably deleted within 24 hours after placing the order.
KINESIS does not use the data transmitted by the CUSTOMER to train its AI-based proofreading software or for other purposes.
After making available and/or sending the proofreading result to the CUSTOMER, KINESIS will neither save the original document nor the proofreading result, but delete them within the promised period; storage is exclusively the responsibility of the CUSTOMER.
Refunds of amounts back to the CUSTOMER are made exclusively to the bank account or card from which the transfer was originally made. If the original connection is no longer active, it may be necessary for the CUSTOMER to provide further proof of account closure or their identity.
6. Rights and Obligations of the Customer
The CUSTOMER acknowledges that information losses may occur due to the correction process (as shown in points 4.7 and 4.8) and changes may also occur that are not marked as change suggestions. It is therefore the CUSTOMER’s obligation to compare the proofreading result with the original document after receiving it (e.g., through the Word function “Compare two versions of a document”).
The CUSTOMER is responsible for independently checking the proofreading result and comparing it with the original document. The CUSTOMER accepts that this obligation extends to the entire proofreading result and not just the change suggestions.
The CUSTOMER is also responsible for the final review and acceptance or rejection of the change suggestions.
The CUSTOMER undertakes not to share their user account with anyone or to process content from other persons that they are not authorized to process. They must ensure that they have all the rights necessary to process a document with TEXTSHINE. The CUSTOMER is prohibited from processing content with TEXTSHINE that has prohibited or criminally relevant content.
The CUSTOMER is responsible for providing a functioning email address when registering/creating their user account, at which they can receive the results of their proofreading order as well as other relevant information from KINESIS. KINESIS is not liable for damages incurred by the CUSTOMER because they provided an incorrect or non-functioning email address or one to which they have no or no exclusive access.
The CUSTOMER is responsible for storing and keeping the proofreading result after receiving it. Since KINESIS commits to deleting the original and processed document, it cannot accomplish repeated sending or storage or keeping of these documents.
The CUSTOMER is at all times responsible for storing the unchanged original document, and after receiving it, also for storing the proofreading result.
The CUSTOMER is obliged to secure their user account with a sufficiently secure password and thus ensure that no unauthorized persons gain access. They undertake to report any misuse or unauthorized use of their user account to KINESIS immediately in writing.
The CUSTOMER is not permitted to use results of the proofreading orders or their use of TEXTSHINE for the development or training of their own or third-party AI models, and such use constitutes a violation of KINESIS’s reserved rights, for which the CUSTOMER is obliged to compensate for the full damage caused and lost profits.
KINESIS is not responsible for damages resulting to the CUSTOMER from a violation of their obligations under these GTC. KINESIS reserves the right to block the CUSTOMER’s user account in case of violation or abusive use of TEXTSHINE or KINESIS’s products or services, stating the reason for the blocking.
7. Provisions for Consumers
The following provisions apply exclusively to CUSTOMERS who are consumers within the meaning of Austrian law (§ 1 KSchG).
As consumers, CUSTOMERS have the rights according to the Distance and Off-Premises Contracts Act (“FAGG”). For paid contracts concluded with an entrepreneur, they have the right of withdrawal in accordance with the following withdrawal instructions:
The CUSTOMER is entitled to withdraw from contractual relationships to which these GTC apply within fourteen days without formalities and without giving reasons. This period begins on the day of contract conclusion.
To exercise the right of withdrawal, the CUSTOMER must declare their withdrawal from the contract stating the contract, their first and last name and their email address as well as other voluntarily provided contact details.
The CUSTOMER can also declare their withdrawal by filling out the sample form (available here). For a timely withdrawal, it is sufficient that the CUSTOMER sends the notification about exercising their right before the expiry of the withdrawal period.
Consumers have access to the EU platform for alternative dispute resolution. Consumers can voluntarily use this as an ombudsman for out-of-court settlement of disputes arising from contracts for services concluded online. The platform can be accessed at the following link: https://ec.europa.eu/consumers/odr
8. Provisions for Business Customers
The following provisions apply exclusively to CUSTOMERS who are not consumers within the meaning of the Austrian KSchG.
If the CUSTOMER is an entrepreneur and the reverse charge principle applies, invoicing is carried out in accordance with the existing legal requirements, provided that the CUSTOMER demonstrably communicates a valid VAT number when concluding the proofreading order.
The warranty period for business customers is six months from delivery.
No GTC other than these apply to the services and contracts described in these GTC.
For disputes arising from, about or in connection with a contract described herein (contract for the purchase of a character package or proofreading contract), the exclusive jurisdiction of the court responsible for commercial matters in the first district of Vienna is agreed.
9. Data Protection and Confidentiality
KINESIS is obliged to comply with data protection regulations (especially GDPR). All data is processed by KINESIS itself as well as by companies that process data as joint controllers or as processors of KINESIS in accordance with Regulation (EU) 2016/679 (“GDPR”) and protect the CUSTOMER’s rights within the meaning of the GDPR.
KINESIS has made the necessary written agreements with its joint controllers within the meaning of the GDPR, insofar as they exist, as well as with its processors. The processors employed by KINESIS fulfill their assignment in accordance with the provisions of the GDPR.
The CUSTOMER can view the privacy policy at any time on the website at https://www.textshine.com/datenschutz. By accepting these GTC, the CUSTOMER accepts the processing of their data necessary for contract fulfillment in accordance with the privacy policy.
KINESIS undertakes to keep all transmitted information confidential and not to pass it on to third parties, unless this is necessary for the provision of the services described here, or to use or exploit this information otherwise.
The CUSTOMER accepts that in rare cases it may be necessary for KINESIS to access a document directly and manually for the fulfillment of the proofreading order or to fulfill its legal or administrative obligations. KINESIS will carry out this access exclusively through its employees based in Austria and only to the extent necessary for the fulfillment of its contractual, legal or administrative obligations.
10. Final Provisions
KINESIS is entitled to change or supplement these GTC. In this case, KINESIS will notify the CUSTOMER of the planned changes or additions at least four weeks before they come into effect in writing or by email. These changes or additions will also be communicated to the CUSTOMER upon their next login after they come into effect. If the CUSTOMER does not accept the GTC, KINESIS is entitled to refuse the CUSTOMER further use of TEXTSHINE until they have accepted the new GTC, or to withdraw from the contract.
The version of the GTC valid at the time of contract conclusion applies to contracts with KINESIS about TEXTSHINE.
The place of performance for all contracts related to TEXTSHINE or obligations resulting from them is Vienna.
In the event of disputes arising from, about or in connection with contracts for the products and services described herein, exclusively Austrian law applies, excluding the conflict of law rules of the IPRG or comparable provisions (e.g. Rome Convention).
It is stated that no oral side agreements to these GTC exist. Any contract changes and/or additions require written form to be effective. This also applies to deviating from this written form requirement.
Should individual or several provisions of these GTC prove to be ineffective or void or should these GTC have a regulatory gap, the effectiveness of the remaining contractual provisions is not affected. Instead of the ineffective, void or missing provisions, KINESIS and the CUSTOMER will endeavor to replace them with legally effective provisions that come closest to the intended economic success and the original intention of the parties.